MINUTES SENATE COMMITTEE ON NATURAL RESOURCES Tuesday, May 17, 2005 1:30 p.m. or upon adjournment Capitol Extension, Room E1.012 ***** Pursuant to a notice posted in accordance with Senate Rule 11.18, a public hearing of the Senate Committee on Natural Resources was held on Tuesday, May 17, 2005, in the Capitol Extension, Room E1.012, at Austin, Texas. ***** MEMBERS PRESENT: MEMBERS ABSENT: Senator Kenneth Armbrister Senator Robert Duncan Senator Mike Jackson Senator Troy Fraser Senator Gonzalo Barrientos Senator Todd Staples Senator Juan Hinojosa Senator Jon Lindsay Senator Kel Seliger Senator Frank Madla Senator Craig Estes ***** The chair called the meeting to order at 2:48 p.m. There being a quorum present, the following business was transacted: At 2:48 p.m. Senator Jackson assumed the chair. The chair laid out HB 1208 and recognized Senator Estes, in the absence of the Senate sponsor, to explain the bill. There were no witnesses registered. The chair moved that the public testimony be closed; without objection, it was so ordered. Senator Estes moved that HB 1208 be left pending to await a quorum; without objection, it was so ordered. Upon the arrival of a quorum, Senator Estes sent up a committee substitute; the chair recognized Senator Estes to explain the difference between the committee substitute and the bill as filed. Senator Estes moved adoption of the committee substitute; without objection, it was so ordered. Senator Estes moved that HB 1208 do not pass but that CSHB 1208 be reported back to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 7 ayes, 0 nay, 0 present not voting, and 4 absent. Senator Madla requested unanimous consent to be shown voting aye on CSHB 1208; without objection it was so ordered. The chair laid out HB 3144 and recognized the Senate sponsor, Senator Eltife, to explain the bill. Witnesses testifying and registering on the bill are shown on the attached list. The chair moved that the public testimony be closed; without objection, it was so ordered. Senator Seliger moved that HB 3144 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Seliger moved that HB 3144 be reported favorably to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 7 ayes, 0 nay, 0 present not voting, and 4 absent. Senator Seliger moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. Senator Madla requested unanimous consent to be shown voting aye on HB 3144; without objection it was so ordered. The chair laid out SB 1523 and recognized Senator Barrientos, in the absence of the author, to explain the bill. Witnesses testifying and registering on the bill are shown on the attached list. The chair moved that the public testimony be closed; without objection, it was so ordered. Senator Barrientos moved that SB 1523 be left pending; without objection, it was so ordered. The chair laid out SB 1629 and recognized the author, Senator Wentworth, to explain the bill. Witnesses testifying and registering on the bill are shown on the attached list. The chair moved that the public testimony be closed; without objection, it was so ordered. Senator Estes moved that SB 1629 be left pending; without objection, it was so ordered. Senator Armbrister assumed the chair. The chair laid out HB 1644 and recognized the Senate sponsor, Senator Lindsay, to explain the bill. Witnesses testifying and registering on the bill are shown on the attached list. The chair moved that the public testimony be closed; without objection, it was so ordered. Senator Lindsay moved that HB 1644 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Lindsay moved that HB 1644 be reported favorably to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 7 ayes, 0 nay, 0 present not voting, and 4 absent. Senator Lindsay moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. Senator Madla requested unanimous consent to be shown voting aye on HB 1644; without objection it was so ordered. Senator Estes assumed the chair. The chair laid out HB 473 and recognized the Senate sponsor, Senator Armbrister, to explain the bill. Witnesses testifying and registering on the bill are shown on the attached list. The chair moved that the public testimony be closed; without objection, it was so ordered. Senator Armbrister moved that HB 473 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Estes moved that HB 473 be reported favorably to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 7 ayes, 0 nay, 0 present not voting, and 4 absent. Senator Estes moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. Senator Madla requested unanimous consent to be shown voting aye on HB 473; without objection it was so ordered. The chair laid out HB 474 and recognized the Senate sponsor, Senator Armbrister, to explain the bill. Witnesses testifying and registering on the bill are shown on the attached list. The chair moved that the public testimony be closed; without objection, it was so ordered. Senator Armbrister moved that HB 474 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Hinojosa moved that HB 474 be reported favorably to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 7 ayes, 0 nay, 0 present not voting, and 4 absent. Senator Hinojosa moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. Senator Madla requested unanimous consent to be shown voting aye on HB 474; without objection it was so ordered. The chair laid out HB 1161 and recognized the Senate sponsor, Senator Armbrister, to explain the bill. Witnesses testifying and registering on the bill are shown on the attached list. The chair moved that the public testimony be closed; without objection, it was so ordered. Senator Armbrister moved that HB 1161 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Seliger moved that HB 1161 be reported favorably to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 7 ayes, 0 nay, 0 present not voting, and 4 absent. Senator Seliger moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. Senator Madla requested unanimous consent to be shown voting aye on HB 1161; without objection it was so ordered. The chair laid out HB 1162 and recognized the Senate sponsor, Senator Armbrister, to explain the bill. Witnesses testifying and registering on the bill are shown on the attached list. The chair moved that the public testimony be closed; without objection, it was so ordered. Senator Armbrister moved that HB 1162 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Barrientos moved that HB 1162 be reported favorably to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 7 ayes, 0 nay, 0 present not voting, and 4 absent. Senator Barrientos moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. Senator Madla requested unanimous consent to be shown voting aye on HB 1162; without objection it was so ordered. The chair laid out HB 2440 and recognized the Senate sponsor, Senator Armbrister, to explain the bill. Witnesses testifying and registering on the bill are shown on the attached list. The chair moved that the public testimony be closed; without objection, it was so ordered. Senator Armbrister moved that HB 2440 be left pending; without objection, it was so ordered. Senator Armbrister resumed the chair. The chair laid out HB 1609 and recognized the Senate sponsor, Senator Seliger, to explain the bill. Witnesses testifying and registering on the bill are shown on the attached list. The chair moved that the public testimony be closed; without objection, it was so ordered. Senator Seliger moved that HB 1609 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Seliger moved that HB 1609 be reported favorably to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 7 ayes, 0 nay, 0 present not voting, and 4 absent. Senator Seliger moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. Senator Madla requested unanimous consent to be shown voting aye on HB 1609; without objection it was so ordered. The chair laid out HB 1996 and recognized Senator Seliger, in the absence of the Senate sponsor, to explain the bill. There were no witnesses registered. The chair moved that the public testimony be closed; without objection, it was so ordered. Senator Seliger moved that HB 1996 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Lindsay moved that HB 1996 be reported favorably to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 7 ayes, 0 nay, 0 present not voting, and 4 absent. Senator Lindsay moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. Senator Madla requested unanimous consent to be shown voting aye on HB 1996; without objection it was so ordered. The chair laid out HB 1763 and recognized Senator Seliger, in the absence of the Senate sponsor, to explain the bill. Witnesses testifying and registering on the bill are shown on the attached list. The chair moved that the public testimony be closed; without objection, it was so ordered. Senator Seliger moved that HB 1763 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Estes moved that HB 1763 be reported favorably to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 7 ayes, 0 nay, 0 present not voting, and 4 absent. Senator Madla requested unanimous consent to be shown voting aye on HB 1763; without objection it was so ordered. The chair laid out HB 1981 and recognized Senator Estes, in the absence of the Senate sponsor, to explain the bill. There were no witnesses registered. The chair moved that the public testimony be closed; without objection, it was so ordered. Senator Estes moved that HB 1981 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Estes moved that HB 1981 be reported favorably to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 7 ayes, 0 nay, 0 present not voting, and 4 absent. Senator Estes moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. Senator Madla requested unanimous consent to be shown voting aye on HB 1981; without objection it was so ordered. The chair laid out HB 2037 and recognized the Senate sponsor, Senator Seliger, to explain the bill. There were no witnesses registered. The chair moved that the public testimony be closed; without objection, it was so ordered. Senator Seliger moved that HB 2037 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Seliger moved that HB 2037 be reported favorably to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 7 ayes, 0 nay, 0 present not voting, and 4 absent. Senator Seliger moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. Senator Madla requested unanimous consent to be shown voting aye on HB 2037; without objection it was so ordered. Senator Estes assumed the chair. The chair laid out HB 1358 and recognized the Senate sponsor, Senator Armbrister, to explain the bill. Witnesses testifying and registering on the bill are shown on the attached list. The chair moved that the public testimony be closed; without objection, it was so ordered. Senator Armbrister moved that HB 1358 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Hinojosa moved that HB 1358 be reported favorably to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 8 ayes, 0 nay, 0 present not voting, and 3 absent. Senator Madla requested unanimous consent to be shown voting aye on HB 1358; without objection it was so ordered. The chair laid out HB 2876 and recognized the Senate sponsor, Senator Armbrister, to explain the bill. Witnesses testifying and registering on the bill are shown on the attached list. The chair moved that the public testimony be closed; without objection, it was so ordered. Senator Armbrister moved that HB 2876 be left pending; without objection, it was so ordered. Senator Jackson assumed the chair. The chair laid out HB 2622 and recognized the Senate sponsor, Senator Armbrister, to explain the bill. Senator Jackson moved that that public testimony be re-opened; without objection, it was so ordered. Witnesses testifying and registering on the bill are shown on the attached list. The chair moved that the public testimony be closed; without objection, it was so ordered. Senator Armbrister moved that HB 2622 be left pending; without objection, it was so ordered. The chair laid out HB 1611 and recognized the Senate sponsor, Senator Armbrister, to explain the bill. Senator Barrientos moved that HB 1611 be reported favorably to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 7 ayes, 1 nay, 0 present not voting, and 3 absent. Senator Madla requested unanimous consent to be shown voting aye on HB 1611; without objection it was so ordered. There was no action taken for the following bill(s): HB 2370 HB 2161 There being no further business, at 6:17 p.m. Senator Estes moved that the Committee stand recessed subject to the call of the chair. Without objection, it was so ordered. _____________________________ Senator Kenneth Armbrister, Chair _____________________________ Kelly Gilbert, Clerk